§ 20-42. Encroachment agreements.

(a)

It is the policy of the town that encroachment agreements upon public sidewalks shall be limited and that encroachment agreements shall be granted only for the beautification of the town or for the reasonable benefit and use of pedestrians. Nothing in this chapter shall be construed as giving to any person any kind of right, interest or easement in any street, alley, sidewalk or public way of the town for any sign, or other encroachment of any type whatsoever, whether the same is attached to the street, alley, sidewalk or public way or is hanging over the same or is a portable or temporary display. It is expressly understood and provided that the owner, lessee or custodian of such an encroachment is a mere licensee and subject to the will of the council.

(b)

The procedure for obtaining an encroachment agreement authorizing a structure, merchandise, equipment, or object on a public sidewalk or other public place shall be as follows:

(1)

Written application shall be made to the town manager. The application shall be signed by all owners and lessees of the property located immediately adjacent to the sidewalk upon which the encroachment shall be placed.

(2)

The application shall state the reason for the encroachment.

(3)

The town manager may execute an encroachment agreement with property owners (and lessees, where applicable) only if the encroachment can be allowed without detriment to the health, safety, and welfare of the general public. In determining what constitutes detriment to the health, safety, and welfare of the general public, the following factors, among others not specifically enumerated, shall be considered:

a.

The location, type, and size of the encroaching structure or merchandise.

b.

Whether the encroachment will allow for a minimum of six feet of unimpeded sidewalk space for pedestrian traffic or, if on a street or alley, a minimum of nine feet for the passage of vehicles. In cases where a sidewalk is less than six feet in width, a minimum of four feet of unimpeded space shall be required.

c.

Whether the encroaching structure or merchandise will interfere with an existing water or wastewater line, stormwater facility, or other utility.

(4)

The town manager shall set forth in writing the reason for granting or denying an encroachment agreement.

(5)

The terms of the encroachment agreement shall be:

a.

The agreement shall be subject to termination upon ten days' notice at such time as the town manager or the town may deem the encroachment, including activities associated with the encroachment, creates a safety hazard to pedestrians or vehicular traffic or other safety hazard or a public nuisance or otherwise not be in keeping with the health, safety, and welfare of the general public.

b.

The owner and/or lessee obtaining the encroachment agreement shall agree that, upon such termination, if the owner and/or or lessee shall fail to remove the encroachment within 30 days following the giving of the notice by the town in accordance with subsection (b)(1) of this section or within five days of the giving of notice by the town in accordance with subsection (b) of this section, the town shall be authorized to remove the encroaching structure and recover all costs associated therewith from the property owner.

c.

The property owner and/or lessee shall agree to indemnify and hold harmless the town from any and all liability that may arise by virtue of the encroachment, including, but not limited to, compliance with the Americans with Disabilities Act, the Uniform Statewide Building Code, and all other applicable building codes of the Commonwealth, and all other health and safety laws and regulations.

d.

If the property is sold or, where applicable, if the lease is terminated after execution of the encroachment agreement, the encroachment agreement shall transfer with the title.

(Comp. Ords., § 28.3; Ord. of 8-6-2009)

(Comp. Ords., § 28.3; Ord. of 8-6-2009)